Safilo S.p.A. – Instagram UGC Terms & Conditions

By replying to Safilo S.p.A.’s consent request to use your content with “yes” you are agreeing to these Terms and Conditions. You grant Safilo S.p.A. and affiliate agents a perpetual, transferable, non-exclusive, worldwide license to a) use, copy, transmit, distribute, reproduce, modify, create derivative works from, adapt, combine with other ideas or works, publish, translate, publicly perform, publicly broadcast and publicly display your Content (or any modification thereto) in whole or in part, in any format or medium now known or later developed and b) use (and permit others to use) your Content in any manner and for any purpose, including and without limitations: marketing, advertising, commercial or promotional purposes that Safilo S.p.A. or their affiliate agents deem appropriate. You agree that you are solely responsible for your Content. Safilo S.p.A. is not required to host, display, or distribute any Content on or through their Websites and may remove Content at any time or refuse Content for any reason. Safilo S.p.A. is not responsible for any loss, theft, misuse or damage of any kind to your Content. By replying to Safilo S.p.A.’s consent request to use your content with “yes”, you represent and warrant that:

  • you are at least 18 years of age, you have the legal right to enter into this agreement and you are not impersonating anyone else

  • you own all rights in and to your Content including without limitation, all rights to the audio, video and or digital recording and performance contained in your Content (if any) and/or you have acquired all necessary rights to the elements appearing in your Content to enable you to grant the same rights to Safilo S.p.A. as described herein

  • your Content is wholly original and does not infringe on the copyright, trademark, patent, trade secret or any other intellectual property rights, privacy rights, or any other legal or moral rights of any third party individual or entity

  • you agree to release and allow all creative license and creative treatment in the use and production of your Content at the discretion of Safilo S.p.A. and its affiliate agents

  • you voluntarily agree to waive all “moral rights” that you may have to your Content

  • any information contained in your Content is not known to you to be false, inaccurate or misleading

  • your Content does not violate any law

  • you were not and will not be compensated or granted any consideration by any third party for submitting your Content

  • you will not be compensated or granted any consideration in any way by Safilo S.p.A. for the use of your Content

  • your Content does not incorporate materials from a third-party website, copyright protected materials or personally identifiable information of anyone other than yourself

  • your Content does not reflect negatively in any way upon Safilo S.p.A. or their marketing, advertising, commercial or promotional efforts.

You agree to irrevocably release and forever discharge Safilo S.p.A. and its affiliate agents, subsidiaries, employees and third party providers from any and all actions, claims, damages, liabilities and demands, whether absolute or contingent and of any nature whatsoever, which you now have or hereafter can, shall or may have against Safilo S.p.A. and affiliate agents, subsidiaries, employees and third party providers or their respecting successor without limitation resulting from the use of your Content or anything contained therein by Safilo S.p.A..

By replying to Safilo S.p.A.’s consent request to use your content with “yes” you agree to the following terms of submission of your content to Safilo S.p.A..

By agreeing to submit content, you hereby authorize and license Safilo S.p.A., its agents and assigns to publish, manipulate, and distribute your content, along with your name and likeness, and in any media now known or hereinafter invented across all social media channels for any purpose, including advertising purposes. You represent and warrant that you are 18 years or older, authorized to grant these rights, the content will not infringe the rights of any third party, and no payments are or will be due to any party. You understand that Safilo S.p.A. is not obligated to use such content and it may edit or otherwise make derivative works of such content as part of its licensed distribution without any approval by you of the final product. Content may appear online and across Safilo S.p.A.’s online channels.

 

Additional Terms and Conditions

For good and valuable consideration Safilo S.p.A. and Content Creator (the "Creator") agree as follows:

 

Term. The term of this Agreement (the "Term") shall commence upon the date of acceptance by Creator and shall continue until terminated by Licensee. Requests may be submitted to dpo@safilo.com.

 

Proprietary Rights. Creator upon acceptance of this agreement hereby grants Licensee. a worldwide, non-exclusive, irrevocable, royalty-free, transferable license to reproduce, distribute, display, create derivative works and use for promotions any and all materials contained in the Post.

 

Warranties and Representations. Creator warrants and represents that the Posts are Creator's original works, and do not now and will not violate any existing intellectual property rights, including, without limitation, copyright or trade secret or any contractual rights, and that they contain no matter which, if published, will be fraudulent, harassing, libellous, obscene, or a violation of any rights of publicity or privacy, or any law or regulation. Author will fully cooperate with Licensee in responding to and defending against any third party claim related to the Post.

 

Indemnity. Each Party hereto shall indemnify, defend, and hold harmless the other Party, its editors, officers, employees and agents with respect to any claim, demand, cause of action, debt or liability, including reasonable attorneys' fees, to the extent that it is based upon a claim that, if true, would constitute a breach of any of the indemnifying Party's representations, warranties, or agreements hereunder.